Ordinance 99-11 .' ]999
RECEIVED
ORDIN3~qCE NO. 99-11 Clerk
of Board
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBER 1603N BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
PROPERTY LOCATED ON THE EAST SIDE OF S.R.
951 APPROXIMATELY 800 FEET SOUTH OF U.S.
41, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, FROM
~' RSF-3" TO '~ C-4" FOR GENERAL COMMERCIAL
USES; PROVIDING FOR STAFF AND PLANNING
COMMISSION STIPULATIONS; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Wayne Arnold, AICP of Wilson, Miller, Barton &
Peek, Inc., representing Konrad Mayerhofer, petitioned the
Board of County Commissioners to change the zoning
classification of the herein described real property;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE;
The zoning classification of the real property as more
particularly described by Exhibit "A", attached hereto and
incorporated by reference herein, and located in Section 3,
Township 51 South, Range 26 East, Collier County, Florida, is
changed from "RSF~3" to ~ C-4" and the Official Zoning Atlas
Map Number 1603N, as described in Ordinance 91-102, the Collier
County Land Development Code is hereby amended accordingly. The
herein described real property is the same for which the rezone
is hereby approved subject to the conditions described by
Exhibit ~ B"
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, thisO3r/9 day of
~._~..,~ , 1999.
BOARD OF COUNTY COMMISSIONER
COLLIER COUNTY, FLORIDA
, BY:
· OMAN
.A TEsT:
D T'/~.~';BR, z0~CK, CLERK
ISf-
ASSIST~T CO~TY ATTO~EY
f/R-98-9 REZONE O~IN~CE/
-Exhibit A ~age 1 of 3 R~98-9
"l~u ....... "PARCEL 2"
A.t~ec~ or p&rce'[ o£ land lying in Section 3, Tornship
Range 26 Eas~, Collier County. rtortda being Dote par~tc, lacty
descried as ~o~.lovs:
5e~inainq a~ ~h~ Entersection of ~he aid ~as~ riqh~-oC-
o~-~aV)-~un S 0]' 2S' 03' ~ atonq ~e o~d
~lne ~oc 370.2t CreW; ~hence run S Sl' 3X' 51-
~5.20 f'ee~ ~o an EnterseE:ion vt~h ~he hey
~ne oC. sai~ State Ro~ 95t: %hence r~n S 04' 0~'
along said hey riqh~-o~-vay ~ine foc ~1¢.62 ~eet
Point o{ Beginning.
room s~ld Poin~ Q{ 8eqinnin~ run S 39' 42' 4l'
2~4.37 {~et~ ~h~nce curt S S4' 2L' 4G' ~ ~or E2I.?S
'~0 a line vhLch is Z320,00 {*e~ sou~h o{ ~he cen~tr
~he in~ersec~Lon oC said S~a~e Road ~SZ and
~hence ~n due ves~ {or 96~.~8 {ee~ ~o an lnze~sec~ion
vL~h ~he nev ~qh~-oC-vay Line o{ saKd Sta~e Reed
~hence run H Ol' 0~' 4S' ~ alon~ sa~d n~u
Line Zor 481.39 {ee~ ~o ~he Potn~ o{ eeqinnLnq.
LESS AND EXCE?T TIlE FObLOVIfiG DESCRZBED FARCE~ ·
- - r UN$'~ ~0,2~
'. ~ N~. RI~T-~-WAY UN~ ~ ~O SFA~ ROAD 951; ~ RUN
TO ~ p~T ~ B~NNING ~ ~ p~ ~ ~0 H~BN
~ S~D P~NT ~ B~GNNINC, RUN S 89'~2'~' ~ ~ 26~.37
. ~ RUN N, ~'~" ~ A~C $NO ~S~LY RI~T-OF--WAY UN~
~ ~ ~ID P~ C~T~NIN~ 6Z~94 S~ ~ PLUS ~ MINUS
Exhibi~ A pa~e 2 of 3
I'i..ANXrI,~I{.-~. [-.'N;VII{C~NMI~NT.\I. (.:L ~\-I I.l.-~r-~, F~.',;( ;INI:|{I~.-~. R-98-9
Description of Pmof Sex:tion 3, Township 51 South, _
Range 26 East, Collier County, Florida '
Proposed Ingress-Egress Parcel
All that part of Se~ion 3, Township 51-South, Range 26 East, Collier County, Florida nil
particularly described as follows: "~'?':"~::'~"==!' ""
COmmencing at the East % comer of said Section 3; .~-~-~.:"~
thence along the east line of the southeast % of said Section 3, South 00040'54'' East 1363.32
feet to a point on the southerly fight-of-way line of U. S. 41 (Tamiami Trail);
thence along said line, North 54020' 16" West 4597.95 feet to a point on the east right-of-way line
of State Road 951;
thence along said line, South 35039' 14" West 50.06 feet;
thence continue along said line, South 02028'34'' West 292.31 feet;
thence continue along said line, South 87°31 '26" East ! 8.21 feet;
thence continue along said line, South 04° 10'21" West 796.17 feet to the Point of Beginning of
the parcel herein described, said point lying on the north line of Parcel #1 of Official Record Book
2171, page 2096, Public Records of Collier County, Florida;
thence along said north line, South 89°59'29" East 100.00 feet;
thence leaving said line, South 04° 10'21" West 300.00 feet;
thence North 89059'29'' West 100.00 feet to a point on the east fight-of-way line of said SR
951;
thence along said line, North 04°10'21'' East 300.00 feet to the Point of Beginning of the
parcel herein described.
Subject to easements and restrictions of record.
Containing 0.69 acres more or less.
Bearings are based on the southerly line of U. S. 41 Tamiami Trail being North 54°20'15" West.
Certificate of authorization #LB'-43.
WILSON, IV!H.,LER, BARTON & PEEK, INC.
Registered Engineers and Land Surveyors
outwe!l, P.S.M. #3934
with the Professionars seal.
Ref. I J- I 0 03 ! ! 8-000-000 MASLD
Date: October 29, 1998
~f/ILSON, MILLER, BARTON & PEEK, INC.
3200 Bailey Lane, Suite Z00, Naples, Rotida ~4105-8507 - PIt 941-649-4040 Fx 941-643-5716
Web Site~ m. wfimnmfiletx~xt F/mail: naplemtwillenmillet. mm
Exhibi~ ~ Pa~e B of 3 e-98-
.,' POINT OF COMMENCEMENT
b,.., . .~ S~C~1(~K43 CORNER
,
RIGHT OF WAY LINE "
S. 87'31 '26'E.
DESCRIBED
CONTAINING 0.69 ACRES+/-
,~, ,~, PARCEL 1
~ O.R. BOOK 2171, PAGE 2096
N.89'59'29'W. _, ~'~'.:. :'
GENERAL NOTES
I. BEARINGS ARE ~ ON THE SOUTHERLY LINE
OF U,S. 41 TAMIAMI TRAIL BEING N.54'20'IS"W.
ey o bou _ /, ~ 2. DIMENSIONS ARE tN FEET AND DECIMALS THEREOF.
"~13934
OF AUTHORIZATION # LB-43 SEE ATTACHED FOR LEGAL DESCRIPTION SC, q.E i'--200'
' "'' ""' """""""' .., NOT A SURVEY --
'._ . AIAYERHOF'ER ,. ,m, g ~am ,~
...,.,,it "'"
Exhibit B R-98-9
1. In order to provide for the flow of vehicular, bicycle and pedestrian traffic to and
from the subject property and the abutting property to the north, the subject property
shall interconnect to the property to the north at a location on, at or along the
east/west access easement recorded pursuant to the requirements of Ordinance No.
99-2, pursuant to the rezoning Petition No. R-98-7. The petitioner shall pay for its
proportionate share of the cost of the interconnection. If any existing landscape
features, pavement or drainage facilities located on the property to the noah are
removed by the petitioner in constructing the interconnection, then the petitioner shall
pay the cost of removal and repairing said portion of any pre-existing landscape
features, pavement or drainage facilities, at the point of the interconnection.
2. An appropriate portion of native vegetation shall be retained on site as required in
Section 3.9.5.5.4. of the Collier County Land Development Code.
3. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the
site, with emphasis on areas of retained native vegetation, shall be submitted to
Current Planning Environmental Staff for review and approval prior to final site
plan/construction plan approval.
4. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and
the South Florida Water Management District (SFWMD) shall be presented prior to
final site plan/construction plan approval.
5. When FDOT approves a traffic signal and requires contributions for the installation
of the signal, the developer will pay their fair share contribution of all users for state
mandated contributions for any such signals.
6. There shall be a minimum of a twenty (20) foot wide landscape buffer, exclusive of
driveways and entry points, along the subject site's frontage along S.R. 951.
7. The developer agrees to submit design plans (including landscaping plan) for the
project entrance to the Eagle Creek Community Association, Inc. at least five (5) days
prior to submittal to the County, which plans shall have a vegetative and architectural
palette for the project entrance which is compatible and complimentary to the Eagle
Creek Entrance.
8. The developer will join in and strongly support requests to FDOT for a traffic signal
at the existing median cut on SR-951 that serves the entrance to the project.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-11
Which was adopted by the Board of County Commissioners on the
23rd day of February, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 23rd day of February,
1999.
DWIGHT E. BROCK
Clerk of Courts andsClerk
Ex-officio to Boardi.of'
County Commissioner~!~=.~j'~.\%~[~"-
By: